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HomeMy Public PortalAbout20210909Packet.pdfMAYOR CITY MANAGER Shirley Sessions Dr. Shawn Gillen CITY COUNCIL CLERK OF COUNCIL Barry Brown, Mayor Pro Tem Jan LeViner John Branigin Jay Burke CITY ATTORNEY Nancy DeVetter Edward M. Hughes Spec Hosti Monty Parks CITY OF TYBEE ISLAND P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org A G E N D A REGULAR MEETING OF TYBEE ISLAND CITY COUNCIL September 09, 2021 at 6:30 PM Please silence all cell phones during Council Meetings Consideration of Items for Consent Agenda 6:30PM Opening Ceremonies Call to Order Invocation Pledge of Allegiance Announcements Recognitions and Proclamations 1. Proclamation - 911 Consideration of the approval of the minutes of the meetings of the Tybee island City Council 2. Minutes, August 26, 2021 City Council Meeting to include Resolution, 2021-06 Reports of Staff, Boards, Standing Committees and/or Invited Guest. Limit reports to 10 minutes. 3. Sarah Jones and Jesse Petrea: Announce the winning Tybee Lighthouse License Plate Design 4. Alan Robertson: SPA Permit to authorize crosswalk benches If there is anyone wishing to speak to anything on the agenda other than the Public Hearings, please come forward. Consideration of Approval of Consent Agenda Public Hearings 5. Text Amendment: Amendment to Sec. 3-250 Private Parking lots – Charles R. Cole. 6. Variance: Requesting to build in front setback – 12 Tenth Place – 40003 17003 – R-2 – Jeffrey Kole 7. Text Amendment: Sec. 11-100.-Meetings (A) change time and location for Planning Commission meetings. - Page 1 - P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org Consideration of Local Requests & Applications – Funding, Special Events, Alcohol License Consideration of Bids, Contracts, Agreements and Expenditures 8. Budget Amendment: Fire Department Salaries to HR to cover travel costs for Chief candidates Consideration of Ordinances, Resolutions 9. Second Reading, 2021-23, STVR Occupancy Rate 10. Second Reading, 2021-24, Motorized Carts 11. Second Reading, 2021-26, Regulatory Fees for Alcohol Licenses 12. Resolution: Assistant/Acting City Attorney Tracy O'Connell Council, Officials and City Attorney Considerations and Comments 13. Bubba Hughes: Goodwyn, Mills and Cawood (GMC), Inc. Assignment of Existing Contracts Minutes of Boards and Committees 14. Planning Commission Minutes 8/16/2021 Executive Session Discuss litigation, personnel and real estate Possible vote on litigation, personnel and real estate discussed in executive session Adjournment Individuals with disabilities who require certain accommodations in order to allow them to observe and/o r participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities are required to contact Jan LeViner at 912.472.5080 promptly to allow the City to make reasonable accommodations for those persons. *PLEASE NOTE: Citizens wishing to speak on items listed on the agenda, other than public hearings, should do so during the citizens to be heard section. Citizens wishing to place items on the council meeting agenda must submit an agenda request form to the City Clerk’s office by Thursday at 5:00PM prior to the next scheduled meeting. Agenda request forms are available outside the Clerk’s office at City Hall and at www.cityoftybee.org. THE VISION OF THE CITY OF TYBEE ISLAND “is to make Tybee Island the premier beach community in which to live, work, and play.” THE MISSION OF THE CITY OF TYBEE ISLAND “is to provide a safe, secure and sustainable environment by delivering superior services through responsible planning, preservation of our natural and historic resources, and partnership with our community to ensure economic opportunity, a vibrant quality of life, and a thriving future.” - Page 2 - File Attachments for Item: 1. Proclamation - 911 - Page 3 -Item #1. CITY OF TYBEE ISLAND PROCLAMATION SEPTEMBER 11, 2021 WHEREAS, 20 years ago, our nation watched in horror as four commercial airliners were hijacked and directed towards major American institutions, including the World Trade Center and the Pentagon; and WHEREAS, as a result, nearly 3,000 men, women, and children lost their lives that day, and countless other families and loved ones felt the long-lasting impact of this tragedy; and WHEREAS, in the aftermath of one of the worst terrorist attacks in our history, we proved that love is stronger than hate, as our military, law enforcement officers, firefighters, first responders, and other emergency personnel showed true heroism and selfless courage for the safety of others; and WHEREAS, we should honor those who lost their lives and those who sacrificed their lives for others, including the men and women who showed bravery in responding to the attacks and aiding the victims; and WHEREAS, we should pay tribute to their lives with service and charity toward others and ensure that our state and nation are just and inclusive places for all. NOW, THEREFORE, I, Shirley Sessions, as Mayor of the City of Tybee Island, do hereby encourage the residents of the City of Tybee Island to gather with the American Legion Post 154, and our brave members of the Tybee Island Fire Department and the Tybee Island Police Department for the “September 11th – 20th Anniversary Commemoration” on Saturday, September 11, 2021, at 4:00 pm in Memorial Park at the Veteran’s Memorial Monument, to pause and remember those lost on September 11, 2001, especially those public servants that gave the ultimate sacrifice that day in the service of others. CITY OF TYBEE ISLAND, GEORGIA By: ____________________________ Shirley Sessions, Mayor September 9, 2021 - Page 4 -Item #1. File Attachments for Item: 2. Minutes, August 26, 2021 City Council Meeting to include Resolution, 2021-06 - Page 5 -Item #2. City Council Minutes, August 26, 2021 Consideration of Items for Consent Agenda Mayor Sessions called the Consent Agenda to order at 6:30PM. Those present were Jay Burke, Monty Parks, John Branigin, Barry Brown, Nancy DeVetter and Spec Hosti. Also attending were Dr. Shawn Gillen, City Manager; Bubba Hughes, City Attorney; Tracy O’Connell, Assistant City Attorney; George Shaw, Director, Community Development; and Janet LeViner, Clerk of Council. Mayor Sessions listed the following items on the consent agenda:  Minutes, August 12, 2021  Attachments to Minutes  Award Leasing of Garbage Truck to Under CDL, $42,436.00  Revocable License/Indemnity Agreement/Right-of-Way  Travel Request: Out of state travel for two Campground staff to the National Association of RV Parks and Campgrounds Outdoor Hospitality Conference and Expo in Raleigh, NC November 8-12, 2021. Budgeted under line item 555-6180-52-3500. $4,187  Purchase of Gas Pumps for Safety Building. Budget Amendment forthcoming for $31,185.88  Reimbursement Resolution  Resolution, 2021-07, Municipal Court/Probate Court Prosecutor, Andre Pretorious, Solicitor Tybee Island Municipal Court Mayor Sessions called the regular meeting to order. All those present for the consent agenda were present. Opening Ceremonies  Call to Order  Invocation: Rev June Johnson, All Saints  Pledge of Allegiance Invited Guests Charles Barrow, Attorney, Tybee Island Ethics Commission approached Mayor and Council. Mr. Barrow stated there is a report in the packet before them this evening regarding the recent Ethics Commission matter that has been concluded. The Commission did find therre was a violation of the Ethics Ordinance and is now being presented to Mayor and Council. In accordance with the Ethics Ordinance, Mayor and Council are now to decide if there is repercussion in regards to the ethics violation. Mr. Barrow quoted from the Ordinance, “disciplinary action may include censor and either private or public reprimand”. He does not feel that is the only action they can take. Mayor pro tem Brown made a motion to postpone any decision until the second meeting in September, September 23, 2021, so he can review the complaint and findings of the Ethics Commission. Monty Parks seconded. Vote was unanimous 5-0 to approve moving to the September 23, 2021 meeting. Jay Burke recused. Citizens to be Heard: Please limit comments to 3 minutes. Maximum allowable times of 5 minutes. Kate Burns, approached Mayor and Council to speak in favor of Dogs on the Beach. Ms. Burns made reference to other municipalities as to how they implemented dogs on the beach as - Page 6 -Item #2. well as times, locations and requirements to allow dogs on the beach. Mayor Sessions thanked Ms. Burns for her presentation. Mary McLemore approached Mayor and Council to give the results of a survey that was done regarding allowing/not allowing dogs on the beach. Jan Will approached Mayor and Council to speak to the recent Ethics Complaint. Cody Jones approached Mayor and Council representing Savannah Area Relator’s, Savannah Multi-List Corporation and the Realtor’s Commercial Alliance of Savannah and Hilton Head, to speak against the proposed STVR Resolution Matt Campbell approached Mayor and Council representing not only himself but the Georgia Association of Realtors to speak against the proposed STVR Resolution Chris Lane approached Mayor and Council representing Savannah Area Realtors to speak to the proposed STVR Resolution and asked that this be tabled until the public is afforded an opportunity to provide comment Mark Nathan approached Mayor and Council to speak in opposition to Dogs on the Beach Pilot Program Carol Nathan approached Mayor and Council to pause on the proposed STVR Resolution as they have lost their neighborhoods Mack Kitchens approached Mayor and Council to speak in favor of the proposed STVR Resolution Robert Groover approached Mayor and Council to speak to the proposed STVR Resolution Anna Garrison approached Mayor and Council to speak to the proposed STVR Resolution Trisha Cook approached Mayor and Council to speak against the proposed STVR Resolution Jenny Rutherford approached Mayor and Council to ask them to vote for dogs on the beach; STVR parking; and STVR Occupancy Rate. John Branigin (resident) approached Mayor and Council to speak against the proposed increase in Regulatory Fees for Alcohol Licenses Eric Thomas approached Mayor and Council to speak to the proposed increase in Regulatory Fees for Alcohol Licenses as not to the 254% increase but a gradual increase over the years Jenny Orr approached Mayor and Council to speak to the Regulatory Fees for Alcohol Licenses as not to the 254% increase but a gradual increase over the years Amy Gaster approached Mayor and Council to speak to the proposed STVR Parking agenda item as parking should be enforced. She also asked that any vote on the STVR Resolution be deferred. Patrick Connell approached Mayor and Council on behalf of the Tybee Island Association of Real Estate Agents and Owners to ask Mayor and Council to use caution in regards to the STVR Resolution Keith Gay approached Mayor and Council to speak on all the STVR issues on the agenda. He stated he is not in favor of the proposed STVR Resolution. Dale Williams approached Mayor and Council to speak to his disappointment that corporate is trying to come in and run the Island. Debbie Kearney approached Mayor and Council to speak in support of the STVR Resolution Roger Huff approached Mayor and Council to speak to dogs on the beach as he is in favor of that and against the proposed STVR Resolution Todd Norman approached Mayor and Council to speak in favor of the STVR Resolution April Parker approached Mayor and Council to speak against the STVR Resolution Lori Dalton approached Mayor and Council to speak against the possible increase in Regulatory Fees for Alcohol Licenses Walt Freeman approached Mayor and Council to speak to the STVR Resolution as he feels it is a property rights issue. - Page 7 -Item #2. Greg Howell approached Mayor and Council to speak against the STVR Resolution Murray Marshal approached Mayor and Council to speak to the STVR Parking and applauds Mayor and Council to have a parking requirement. Sam Shay approached Mayor and Council to speak to Alley 3 and is in favor and remaining open. Monty Parks made a motion to approve the consent agenda. Nancy DeVetter seconded. Vote was unanimous to approve, 6-0. Consideration of Ordinances, Resolution Resolution: 2021-06, STVR Moratorium. Jay Burke recused. Mr. Hughes stated this is a result of ongoing discussions and the current proposal began with a six (6) month possible moratorium that would prohibit the issuance of any new permits for operating STVR’s due to pressures on the City in regards to infrastructure, public safety, and parking. As conversations have continued, the Resolution was modified to reduce the period of time that any prohibition would be in place and also to revise minor changes in respect to the terminology. Mr. Hughes stated with the latest revision, the Resolution states there would be a ninety day moratorium on the issuance of new permits for STVR’s with possible exceptions: (1) on a previous currently authorized STVR although the application would have to be made by the new owner in the event of a transfer as the permit is not transferable and (2) exception for transfers of property that is sold to a new owner even if it had not previously been permitted as a STVR with a ninety day pause with the issuance of new permits. Mayor Sessions stated she is a real estate agent, her sister is her business partner and she has a B&B license on Tybee Island. In the past she has had a B&B license on Tybee Island, 2002 – 2019 and she is asking the City Attorney for advice as to if she should recuse herself. According to the City Attorney, she is not in a contract situation with a client at this time and does not see a conflict of interest. Mr. Hughes confirmed as he would like to have full disclosure. Mayor pro tem Brown asked for clarification as to an individual that has a contract pending would be an exception to the moratorium. Mr. Hughes responded it is the will of Mayor and City Council to make the intent what they feel the language should be. Mr. Branigin made reference to the exceptions in the proposed Resolution. He stated the language includes the word “may be issued” and who is the approving authority and is there an approval process. Mr. Hughes responded it is meant to be the same standard and application qualification that is presently in place for anyone that would like to apply for STVR. Mr. Branigin stated with the current exemptions, why is there a rush to pass the Resolution. Ms. DeVetter agreed with Mr. Branigin as the Resolution is too broad as it is not the language as originally discussed. She feels a moratorium is necessary as this is what the residents want, they want their neighborhoods back, community, employee housing, long term rentals, noise reduction and families not investors. This is a quality of life issue. Mr. Hosti asked who sponsored the proposed Resolution. Mr. Parks stated he asked Mr. Hughes to draft the Resolution. Mr. Branigin stated he is against the Resolution and feels the City is not being transparent as the latest version of the Resolution was not made public until six (6) hours prior to the City Council Meeting. Mr. Parks expressed his thoughts regarding the STVR’s. He continued that he is standing up for the residents and is doing his best to be their voice. Mr. Parks stated during the ninety day proposed moratorium the City needs to do a study as to determine the level of STVR’s and he is opposed to the second amendment on the proposed Resolution. Ms. DeVetter thanked the individuals that spoke this evening as they identified the owners of STVR’s as small business owners. In that respect the City does not allow businesses in the residential districts due to the impact to the residents and their neighbors. This is a quality of life issue as neighborhoods are disappearing and Mayor and Council need to take positive steps to address the issue and the moratorium is - Page 8 -Item #2. only the first step. Mayor Sessions stated the City has not enforced zoning and this needs to be done. She is not against STVR’s but they need to be in the appropriate zoning district. Mayor Sessions stated her greatest concern is occupancy and action needs to be taken. We need to find common ground and work together. Monty Parks made a motion to approve as written with the exception of removing the second amendment that was added which allows for the registration of a new sale on a house that was not previously permitted. Nancy DeVetter seconded. Voting in favor were Nancy DeVetter, Monty Parks, and Barry Brown. Voting against were John Branigin and Spec Hosti. Motion passed, 3-2. Jay Burke recused. Second Reading, 2021-17 Tree Removal, Art VII, Land Development Code. George Shaw approached Mayor and Council. Mr. Shaw stated the proposed ordinance is an amendment to strike the penalties for improper tree removal and there was a second requiring staff to be present during the tree removal (that has been removed) and the final version is extending penalties. Monty Parks made a motion to approve. John Branigin seconded. Vote was unanimous to approve, 6-0. Second Reading, 2021-18, Chapter 42-67, Marijuana. Nancy DeVetter stated the proposed ordinance reduces marijuana possession to a civil ordinance. Ms. DeVetter then made a disclosure that she does not practice law on Tybee Island therefore there is no conflict. She asked that a portion be added for record restriction for old misdemeanors with the theory that it is unfair for the City to reduce things not to a crime but still held against them. Ms. DeVetter stated it is easy to expunge records beginning in 2017 due to the electronic computer systems and records from 2000 to 2017 are a little more difficult and for records prior to 2000, they will have to research old Docket Books. This ordinance has been changed to allow the Clerk of the Court and the City Manager to report back in six (6) months regarding a procedure to address records restrictions. Mr. Hughes made reference to Sec 3 of the proposed ordinance that would require the Staff through the Manager to report back within six (6) months is not a section that requires be included in the confirmation of this version of the ordinance. Mr. Parks stated he is in favor or reducing the fine as well as from a misdemeanor to a civil penalty. Nancy DeVetter made a motion to approve. Monty Parks seconded. Voting in favor were Nancy DeVetter, Monty Parks, John Branigin and Spec Hosti. Voting against were Barry Brown and Jay Burke. Motion to approve, 4-2. First Reading, 26-2021, Regulatory Fees for Alcohol Licenses. Jay Burke, Spec Hosti and John Branigin recused. Monty Parks stated as a result of a study group on alcohol there were many recommendations brought to Mayor and Council one being that of increasing police presence on the Island. He continued that the increase should be spread out over a five (5) year period. This fee has not been increased in twenty-seven years and the increase will go toward enforcement. Monty Parks made a motion to approve with the increase implemented over five (5) years. Barry Brown seconded. Vote was unanimous, 3-0. John Branigin, Spec Hosti, and Jay Burke recused. Jay Burke, Spec Hosti and John Branigin rejoined the meeting. First Reading, 2021-23, STVR Occupancy Rate. Dr. Gillen stated the proposed ordinance sets a fee structure in place that has a base rate, $200.00, and per person rate, three (3) tier occupancy structure: 1 – 5 persons ($10.00 per person); 6 – 10 persons ($15.00 per person); and ten or more persons ($20.00 per person). Monty Parks made a motion to approve. Nancy - Page 9 -Item #2. DeVetter seconded. Voting in favor were Nancy DeVetter, Monty Parks, John Branigin, Barry Brown and Jay Burke. Voting against was Spec Hosti. Motion to approve, 5-1. Discussion: Dr. Gillen stated this will take effect after January 1, 2022. First Reading, 2021-24, Motorized Carts. Mr. Hughes stated the proposed ordinance makes it unlawful to operate an unregistered golf cart on the Island. The owner will have 48 hours after they arrive to register their golf cart and makes it unlawful to park in an authorized parking place with an unregistered cart. Mr. Hosti asked if the yearly fee would be waived. Dr. Gillen stated it is a one-time fee but you must have a yearly inspection to include proof of insurance. Spec Hosti made a motion to approve. Jay Burke seconded. Vote was unanimous to approve, 6-0. First Reading, 2021-25, STVR Parking. Mayor pro tem Brown stated the proposed ordinance needs to be a part of the STVR Resolution discussion. Withdrawn First Reading, 2021-27, Motorized Vehicle Access Back River Boat Ramp. Dr. Gillen stated a citizen made a request the Public Safety Committee reviewed this agenda item. Vehicles were getting stuck in the sand consistently therefore the proposed ordinance is before Mayor and Council. The language makes the exemption of Alley 3 where vehicles are allowed on the beach. Further discussions suggested that the exemption is only in place between Memorial and labor Days. Mayor pro tem Brown stated the ramp at Alley 3 has been in place for a very long time and is opposed to any changes. Mr. Hosti stated Mayor and Council do everything possible to enhance the visitors experience on the Island and do not do anything for the citizens. He recommended repairing the boat ramp. John Branigin made a motion to reject. Monty Parks seconded. Voting in favor were Monty Parks, Monty Parks, John Branigin, Barry Brown, and Jay Burke. Voting against was Nancy DeVetter. Motion to reject, 5-1. Council, Officials and City Attorney Considerations and Comments Nancy DeVetter thanked Kate Burns and her committee for all their hard work and bringing their findings to Mayor and Council. The survey shows there is a 50/50 census for dogs on the beach and she is in a position to support a small group of people who want to make positive change on Tybee Island for a trial run. Ms. DeVetter continued it is important for our citizens to be able to address problems that are a quality of life issues. Nancy DeVetter made a motion to move forward with a draft ordinance to allow dogs on the beach. Motion died for a lack of a second. Monty Parks stated Mayor and Council refer frequently in the Code to areas being for residential use and if you go to the definition section there is not a definition for residential use. Mr. Parks asked Mr. Hughes to start considering what other communities call Residential Use and bring back to Mayor and Council a one-pager what Residential Use could be. It would then be sent to the Planning Commission. Monty Parks recommended Mr. Hughes review the practicality and legality of creating an Island Wide Rental Overlay Zone. Council would then be tasked to craft rules for rentals such as parking and occupancy and define and allow Mayor and Council to make districts. Prior to beginning this process, he is asking Mr. Hughes if this is legal and bring back to Mayor and Council as part of the discussion of the moratorium. Mayor Sessions expressed her concerns with not enforcing the current zoning districts. Mr. Hughes responded when crafting an ordinance describing zoning districts as to what is allowed and what is not there needs to be explicit - Page 10 -Item #2. language or it is not enforceable. Mr. Parks asked Mr. Hughes to research and see if possible to do a Rental Overlay. Mr. Hughes confirmed. Monty Parks explained he is not in favor of cutting the hotel/motel rate, taking money and spending on infrastructure which is not allowed. The funds that Visit Tybee receive are for marketing, marketing Tybee Island and a marketing strategically for Visit Savannah. As Savannah has not recovered from COVID as Tybee island has. Mr. Parks is asking Mr. Hughes to check the legality of Reallocating some of Visit Tybee funds to Visit Savannah. Mr. Hughes stated there are contracts with Visit Savannah and the Chamber of Commerce and he will look into it. Peter Gulbronson/Shawn Gillen approached Mayor and Council to discuss Bathroom at the Screened Pavilion, Memorial Park. After a brief discussion it is the recommendation from Mayor and Council, Mr. Gulbronson bring back cost to the Council meeting on September 9, 2021 Peter Gulbronson/Shawn Gillen approached Mayor and Council to speak to the Construction of Polk Street south of Highway 80. After a brief discussion it is the recommendation of Mayor and Council to move forward with this and bring back to City Council meeting on September 9, 2021 Monty Parks made a motion to adjourn to Executive Session to discuss litigation and real estate. Spec Hosti seconded. Vote was unanimous, 6-0. Monty Parks made a motion to return to regular session. Nancy DeVetter seconded. Vote was unanimous, 6-0. Barry Brown made a motion to adjourn. John Branigin seconded. Vote was unanimous to approve, 6-0. Meeting adjourned at 10:45PM. ______________________________ Janet R. LeViner, MMC Clerk - Page 11 -Item #2. - Page 12 -Item #2. - Page 13 -Item #2. - Page 14 -Item #2. File Attachments for Item: 4. Alan Robertson: SPA Permit to authorize crosswalk benches - Page 15 -Item #4. September 2, 2021 Mr. Shawn Gillen City Manager PO Box 2749 Tybee Island, GA 31328 Dear Shawn, Per your request, attached is an update on our discussions with the DNR regarding applying for a SPA Permit to authorize crosswalk benches, for use at the City Council meeting on September 9, 2021. I will attend the Council meeting on September 9th and would be pleased to assist in any way. Best regards, Alan W. Robertson Principal AWR Strategic Consulting PO Box 303 Tybee Island, GA 31328 - Page 16 -Item #4. Crosswalk Benches Following discussions and site visits with DNR, we recommend the following proposal for application for SPA Permit to provide crosswalk benches: r Tybee benches have been in place for decades with no adverse impact on beach or dunes r DNR has permitted benches based on volume of pedestrians and ADA access (Jekyll Island) r Permit would provide authorization for existing dune crosswalk benches and pavilions associated with dune crosswalks (19th Street and North Beach). r Swings not included - there is no provision in the Shore Protection Act for swings and they are considered harmful to turtle nesting. r Application will require engineering drawings of existing crosswalks, benches, and pavilions, as well as proposed crosswalks with benches. It is possible drawings can cover multiple locations if similar design. 1. One bench per crosswalk, recommend on south side to avoid sun. 2. Bench no longer than 8 ft. wide (crosswalk posts are 8 ft. apart, required for bench stringers) - no additional posts allowed. 3. Bench no closer than 100 ft. landward of landward toe of most seaward dune, to maintain the integrity of the seaward dune. o In some cases, crosswalks are too short to accommodate benches: § 18th Street - no bench § 17th Street - bench would not be replaced upon maintenance § 16th Street - bench would not be replaced upon maintenance § 15 ½ Street - bench would not be replaced upon maintenance § 15th Street - no bench § Center Street - no bench § 3rd Street - no bench § 2nd Street - no bench o In some cases, existing bench would be moved landward upon maintenance § 14 ½ Street § 14th Street § Gulick § Taylor o Seven benches removed during maintenance this Spring would be replaced: § 13th Street § 11th Street § 10th Street § 9th Street § 8th Street § 7th Street § 6th Street - Page 17 -Item #4. 4. Existing benches will be brought into compliance with Permit conditions when maintenance is performed. 5. In some cases, moving the benches landward may result in resident resistance if they become too close to houses. 6. Consider COTI provisions for private crossovers in City Code: o Conform crossovers to DNR specifications o Must be constructed in pedestrian easement if one exists on a parcel o Multi-family crossovers only o Consider proximity to existing public access or crosswalk § Seaward terminus of proposed structure cannot be closer than XXX ft from existing COTI public crosswalk r Recommend period of public comment o Visit proposed locations, especially 13th to 6th Streets o Advertise and host public meetings r Plan a December submission of application for a projected March 2022 SPA Committee Meeting (TBD). - Page 18 -Item #4. File Attachments for Item: 5. TEXT AMENDMENT: Amendment to Sec. 3-250 Private Parking lots – Charles R. Cole. - Page 19 -Item #5. - Page 20 -Item #5. - Page 21 -Item #5. - Page 22 -Item #5. - Page 23 -Item #5. - Page 24 -Item #5. - Page 25 -Item #5. - Page 26 -Item #5. - Page 27 -Item #5. - Page 28 -Item #5. - Page 29 -Item #5. - Page 30 -Item #5. - Page 31 -Item #5. - Page 32 -Item #5. - Page 33 -Item #5. - Page 34 -Item #5. - Page 35 -Item #5. - Page 36 -Item #5. - Page 37 -Item #5. - Page 38 -Item #5. - Page 39 -Item #5. File Attachments for Item: 6. VARIANCE: Requesting to build in front setback – 12 Tenth Place – 40003 17003 – R-2 – Jeffrey Kole - Page 40 -Item #6. - Page 41 -Item #6. - Page 42 -Item #6. - Page 43 -Item #6. - Page 44 -Item #6. - Page 45 -Item #6. - Page 46 -Item #6. - Page 47 -Item #6. - Page 48 -Item #6. - Page 49 -Item #6. - Page 50 -Item #6. - Page 51 -Item #6. - Page 52 -Item #6. - Page 53 -Item #6. - Page 54 -Item #6. - Page 55 -Item #6. - Page 56 -Item #6. - Page 57 -Item #6. - Page 58 -Item #6. - Page 59 -Item #6. - Page 60 -Item #6. - Page 61 -Item #6. - Page 62 -Item #6. - Page 63 -Item #6. - Page 64 -Item #6. File Attachments for Item: 7. TEXT AMENDMENT: Sec. 11-100.-Meetings (A) change time and location for Planning Commission meetings. - Page 65 -Item #7. - Page 66 -Item #7. - Page 67 -Item #7. - Page 68 -Item #7. - Page 69 -Item #7. - Page 70 -Item #7. - Page 71 -Item #7. File Attachments for Item: 8. Budget Amendment: Fire Department Salaries to HR to cover travel costs for Chief candidates - Page 72 -Item #8. - Page 73 -Item #8. File Attachments for Item: 9. Second Reading, 2021-23, STVR Occupancy Rate - Page 74 -Item #9. ORDINANCE NO.: _23- 2021 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND CONTAINED IN SECTION 34 ADDRESSING SHORT TERM RENTAL PROPERTIES TO ESTABLISH FEES OR CHARGES BASED ON OCCUPANCY AND FOR OTHER PURPOSES INCLUDING THE ESTABLISHMENT OF AN EFFECTIVE DATE WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers; and SECTION I Section 34-262 is hereby amended to delete a provision in subsection (a) and to add in addition to the existing provisions subsection "(f)" as set forth below: (a) The short-term vacation rental application shall be accompanied by an initial regulatory fee and be subject to an annual fee every January 1 thereafter, as established by the mayor and city council. An application, initial or renewal, is valid when completed and filed along with payment of the application regulatory fee set forth below. The fee shall be due January 1 of each year for short-term rental purposes and, if not paid within 90 days thereof, shall be subject to the delinquency and penalty provisions of section 58-163, as applicable, to occupation tax/business license provisions as well as the revocation of any right to use the unit for short-term rental purposes until payment of the penalties and fee. In addition to the regulatory fee license as specified herein, the applicant shall also pay the required occupation tax each year. (b) Each property or unit shall be issued a unique property identification number. (c) Failure to apply and/or identify as prescribed by this law will result in a fine of $500.00 for each month that the unit continues to operate without compliance. (d) The annual identification of a unit and the regulatory fee are not transferrable. In the event ownership of a unit changes, and even if there is no change in the management company managing the unit, the fee upon ownership change shall be $100.00, if the change occurs prior to July 1 of the year $50.00 if after July 1 of the year. - Page 75 -Item #9. (e) In the event a management company changes, the unit is to be re-identified by notice to the city and the regulatory fee will be $50.00, if the management company change is after July 1; otherwise, the fee is $100.00. (f) Each applicant will pay a regulatory fee that is determined based upon the occupancy of the property to which the short-term rental application applies. Every applicant will pay a $200.00 base fee. In addition to the base fee, each applicant will be responsible for an additional occupancy fee based upon the rental unit’s occupancy. As part of the application, the applicant shall disclose the total occupancy for the rental unit. A fee will be charged for each person under the tiers below: Total Occupancy of 1 – 5 persons - $10.00 per person Total Occupancy of 6 – 10 persons - $15.00 per person Total Occupancy of 10 or more - $20.00 per person SECTION II All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION III It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION IV This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of________, 2021. ADOPTED THIS ____ DAY OF _________________, 2021. ______________________________ MAYOR ATTEST: _______________________________ CLERK OF COUNCIL FIRST READING: ________ SECOND READING: ________ ENACTED: ________ - Page 76 -Item #9. X:\Clients\000572\000572\000001 - Ordinances\ORDIN 2021\08.16.21 Amended STVR ordinance - Occupancy Rate.docx 08.02.21 Amended STVR ordinance - Page 77 -Item #9. File Attachments for Item: 10. Second Reading, 2021-24, Motorized Carts - Page 78 -Item #10. ORDINANCE NO. 2021 ______2021-24 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND SO AS TO AMEND SECTIONS 66-8(b)(1) and 66- 8(b)(7) REGARDING MOTORIZED CART USAGE, INSPECTIONS AND REGULATIONS SO AS TO REVISE THE TERMS THEREOF AND TO REQUIRE THE REGISTRATION OF MOTORIZED CARTS WITHIN 24 HOURS OF THE DATE OF PURCHASE, ACQUISITION OR ENTRY INTO THE CITY AND TO PROVIDE FOR RELATED CHANGES TO PARKING OF SUCH CARTS WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 66-8(b)(1) be amended so that hereafter it will read as follows: SECTION 1 66.8(b)(1) Registration. It shall be the duty of every owner of a motorized cart that is operated over the streets and those areas accessible by the public to - Page 79 -Item #10. 07.30.21 (REDLINE) Golf Cart Ordinance register the cart with the city within ten business days4824 hours of the date of purchase cart's arrival into the city whether by purchase, or acquisition or transport. The registration shall be effective for twelve months from the date of issuance of the decal. Thereafter, an owner is required to renew the registration of the motorized cart every twelve months. When registering the motorized cart initially and for any subsequent annual renewal, the owner shall present the motorized cart to the police department for an inspection. Only those motorized carts which pass inspection will be issued a registration decal. As part of the initial registration process and subsequent annual renewals, the owner must provide proof of liability insurance covering the motorized cart in an amount equal to the minimum liability limits set by the state for automobiles. An owner must maintain liability insurance on the motorized cart at all times. If a motorized cart is operated on the streets and public areas of the city without the appropriate insurance, the owner is subject to citation. Numerical decals shall be issued upon registration; and a record of each motorized cart number, along with the name and address of the owner, shall be maintained by the police department. The initial registration fee for motorized carts used in the city shall be $15.00. Owners are responsible to renew their registration Formatted: Indent: First line: 0.5" - Page 80 -Item #10. 07.30.21 (REDLINE) Golf Cart Ordinance every year including having the motorized cart inspected and providing proof of insurance. Any person who is found operating an unregistered motorized cart on the city streets and public areas will be subject to citation. Numerical decals shall be issued upon registration; and a record of each motorized cart number, along with the name and address of the owner, shall be maintained by the police department. The registration fee for motorized carts used in the city shall be $15.00 and the registration shall be effective until such time as the cart is sold or otherwise disposed of. SECTION 2 66-8(b)(7) is amended so as to hereafter read as follows: Motorized carts must observe the parking regulations and ordinances applicable to motorized vehicles and all parking therefor shall be by payment of the appropriate charge for parking in authorized parking places and/or the display of a valid decal for parking. All unregistered carts are subject to citation for the failure to pay and/or register timely for parking in authorized places and no unregistered cart shall have a legitimate parking decal until the cart is registered as required by this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 - Page 81 -Item #10. 07.30.21 (REDLINE) Golf Cart Ordinance X:\Clients\000572\000572\000001\ORDIN 2020\02-17-2020 - No Smoking Ordinance.docx It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2021. ADOPTED THIS DAY OF , 2021. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: - Page 82 -Item #10. ORDINANCE NO. 2021-24 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND SO AS TO AMEND SECTIONS 66-8(b)(1) and 66- 8(b)(7) REGARDING MOTORIZED CART USAGE, INSPECTIONS AND REGULATIONS SO AS TO REVISE THE TERMS THEREOF AND TO REQUIRE THE REGISTRATION OF MOTORIZED CARTS WITHIN 24 HOURS OF THE DATE OF PURCHASE, ACQUISITION OR ENTRY INTO THE CITY AND TO PROVIDE FOR RELATED CHANGES TO PARKING OF SUCH CARTS WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 66 -8(b)(1) be amended so that hereafter it will read as follows: SECTION 1 66.8(b)(1) Registration. It shall be the duty of every owner of a motorized cart that is operated over the streets and those areas accessible by the public to - Page 83 -Item #10. 07.30.21 (REDLINE) Golf Cart Ordinance register the cart with the city within 48hours of the cart's arrival into the city whether by purchase, acquisition or transport. The registration shall be effective for twelve months from the date of issuance of the decal. Thereafter, an owner is required to renew the registration of the motorized cart every twelve months. When registering the motorized cart initially and for any subsequent annual renewal, the owner shall present the motorized cart to the police department for an inspection. Only those motorized carts which pass inspection will be issued a registration decal. As part of the initial registration process and subsequent annual renewals, the owner must provide proof of liability insurance covering the motorized cart in an amount equal to the minimum liability limits set by the state for automobiles . An owner must maintain liability insurance on the motorized cart at all times. If a motorized cart is operated on the streets and public areas of the city without the appropriate insurance, the owner is subject to citation. Numerical decals shall be issued upon registration; and a record of each motorized cart number, along with the name and address of the owner, shall be maintained by the police department. The initial registration fee for motorized carts used in the city shall be $15.00. Owners are responsible to renew their registration every year including having the motorized cart inspected and providing proof of insurance. - Page 84 -Item #10. 07.30.21 (REDLINE) Golf Cart Ordinance Any person who is found operating an unregistered motorized cart on the city streets and public areas will be subject to citation. SECTION 2 66-8(b)(7) is amended so as to hereafter read as follows: Motorized carts must observe the parking regulations and ordinances applicable to motorized vehicles and all parking therefor shall be by payment of the appropriate charge for parking in authorized parking places and/or the display of a valid decal for parking. All unregistered carts are subject to citation for the failure to pay and/or register timely for parking in authorized places and no unregistered cart shall have a legitimate parking decal until the cart is registered as required by this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, an d it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of __________________, 2021. - Page 85 -Item #10. 07.30.21 (REDLINE) Golf Cart Ordinance X:\Clients\000572\000572\000001\ORDIN 2020\02-17-2020 - No Smoking Ordinance.docx ADOPTED THIS DAY OF , 2021. ______________________________ MAYOR ATTEST: CLERK OF COUNCIL FIRST READING: SECOND READING: ENACTED: - Page 86 -Item #10. File Attachments for Item: 11. Second Reading, 2021-26, Regulatory Fees for Alcohol Licenses - Page 87 -Item #11. ORDINANCE NO.: _____, 26-2021 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND CONTAINED IN SECTION 58 ADDRESSING REGULATORY FEES FOR ALCOHOL LICENSES AND FOR OTHER PURPOSES INCLUDING THE ESTABLISHMENT OF AN EFFECTIVE DATE WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers; and SECTION I Section 58-179 is hereby revised to implement an increase in the license fees. The increased fees are to be implemented over a five year period and would apply to initial licenses and renewals licenses as follows: Any business of the type listed below operating within the city shall pay a regulatory fee, even if such business has paid a business tax in Savannah, Tybee Island or another jurisdiction, and regulatory fees as defined in section 58-154(b) are established for those businesses operating within the corporate limits of the city, according to the following schedules: Alcoholic Beverages For 2022 SIC License Classification Fee 5813 Retail beer/wine - sale by package only; consumption on premises prohibited $2,250.00350.00 730.00 5839 Retail beer/wine - sale by drink for consumption on premises only $1,500.00575.00 760.00 5815 Retail liquor - sale by package only; consumption on premises prohibited $2,250.00850.00 1130.00 5816 Retail liquor - sale by drink for consumption on premises only $3,.000.001,250.00 1600.00 5818 Retail liquor - sale by package and drink both in one building under one ownership $2,000.00 5881 Wholesale beer $765.00 5183 Wholesale liquor $1,500.00 5182 Wholesale wine $150.00 - Page 88 -Item #11. 2080 Distiller, brewer, or manufacturer of alcoholic beverages $300.00 Special event - beer, wine, liquor; special event - beer, wine, liquor (establishments not holding current license) $50.00 per day; $100.00, 3-day Special event - beer, wine, liquor (establishments holding current license) $10.00 per event Sunday sales for package only, in addition to all other regulatory fees and taxes $50.00 Sunday sales – sale by drink for consumption on premises, in addition to all other regulatory fees and taxes $150.00 Alcoholic Beverages For 2023 SIC License Classification Fee 5813 Retail beer/wine - sale by package only; consumption on premises prohibited $1110.00 5839 Retail beer/wine - sale by drink for consumption on premises only $945.00 5815 Retail liquor - sale by package only; consumption on premises prohibited $1410.00 5816 Retail liquor - sale by drink for consumption on premises only $1950.00 5818 Retail liquor - sale by package and drink both in one building under one ownership $2,000.00 5881 Wholesale beer $765.00 5183 Wholesale liquor $1,500.00 5182 Wholesale wine $150.00 2080 Distiller, brewer, or manufacturer of alcoholic beverages $300.00 Special event - beer, wine, liquor; special event - beer, wine, liquor (establishments not holding current license) $50.00 per day; $100.00, 3-day Special event - beer, wine, liquor (establishments holding current license) $10.00 per event Sunday sales for package only, in addition to all other regulatory fees and taxes $50.00 Sunday sales – sale by drink for consumption on premises, in addition to all other regulatory fees and taxes $150.00 SIC License Classification Fee 5813 Retail beer/wine - sale by package only; consumption on premises prohibited $1490.00 5839 Retail beer/wine - sale by drink for consumption on premises only $1130.00 5815 Retail liquor - sale by package only; consumption on premises prohibited $1690.00 5816 Retail liquor - sale by drink for consumption on premises only $2300.00 - Page 89 -Item #11. 5818 Retail liquor - sale by package and drink both in one building under one ownership $2,000.00 5881 Wholesale beer $765.00 5183 Wholesale liquor $1,500.00 5182 Wholesale wine $150.00 2080 Distiller, brewer, or manufacturer of alcoholic beverages $300.00 Special event - beer, wine, liquor; special event - beer, wine, liquor (establishments not holding current license) $50.00 per day; $100.00, 3-day Special event - beer, wine, liquor (establishments holding current license) $10.00 per event Sunday sales for package only, in addition to all other regulatory fees and taxes $50.00 Sunday sales – sale by drink for consumption on premises, in addition to all other regulatory fees and taxes $150.00 Alcoholic Beverages For 2025 SIC License Classification Fee 5813 Retail beer/wine - sale by package only; consumption on premises prohibited $1870.00 5839 Retail beer/wine - sale by drink for consumption on premises only $1315.00 5815 Retail liquor - sale by package only; consumption on premises prohibited $1970.00 5816 Retail liquor - sale by drink for consumption on premises only $2650.00 5818 Retail liquor - sale by package and drink both in one building under one ownership $2,000.00 5881 Wholesale beer $765.00 5183 Wholesale liquor $1,500.00 5182 Wholesale wine $150.00 2080 Distiller, brewer, or manufacturer of alcoholic beverages $300.00 Special event - beer, wine, liquor; special event - beer, wine, liquor (establishments not holding current license) $50.00 per day; $100.00, 3-day Special event - beer, wine, liquor (establishments holding current license) $10.00 per event Sunday sales for package only, in addition to all other regulatory fees and taxes $50.00 Sunday sales – sale by drink for consumption on premises, in addition to all other regulatory fees and taxes $150.00 Alcoholic Beverages For 2026 Formatted: Indent: First line: 0" - Page 90 -Item #11. SIC License Classification Fee 5813 Retail beer/wine - sale by package only; consumption on premises prohibited $2250.00 5839 Retail beer/wine - sale by drink for consumption on premises only $1500.00 5815 Retail liquor - sale by package only; consumption on premises prohibited $2250.00 5816 Retail liquor - sale by drink for consumption on premises only $3000.00 5818 Retail liquor - sale by package and drink both in one building under one ownership $2,000.00 5881 Wholesale beer $765.00 5183 Wholesale liquor $1,500.00 5182 Wholesale wine $150.00 2080 Distiller, brewer, or manufacturer of alcoholic beverages $300.00 Special event - beer, wine, liquor; special event - beer, wine, liquor (establishments not holding current license) $50.00 per day; $100.00, 3-day Special event - beer, wine, liquor (establishments holding current license) $10.00 per event Sunday sales for package only, in addition to all other regulatory fees and taxes $50.00 Sunday sales – sale by drink for consumption on premises, in addition to all other regulatory fees and taxes $150.00 SSECTION II The City will review annually the license fees and reserves the right to alter the above fees as necessary. SECTION III All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION IVII It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION IV This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. Formatted: Indent: First line: 0" Formatted: Left - Page 91 -Item #11. This Ordinance shall become effective on ________ day of________, 2021. ADOPTED THIS ____ DAY OF _________________, 2021. ______________________________ MAYOR ATTEST: _______________________________ CLERK OF COUNCIL FIRST READING: ________ SECOND READING: ________ ENACTED: ________ - Page 92 -Item #11. ORDINANCE NO.: _26- 2021 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES FOR THE CITY OF TYBEE ISLAND CONTAINED IN SECTION 58 ADDRESSING REGULATORY FEES FOR ALCOHOL LICENSES AND FOR OTHER PURPOSES INCLUDING THE ESTABLISHMENT OF AN EFFECTIVE DATE WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof; and WHEREAS, the governing authority desires to adopt ordinances under its police and home rule powers; and SECTION I Section 58-179 is hereby revised to implement an increase in the license fees. The increased fees are to be implemented over a five year period and would apply to initial licenses and renewals licenses as follows: Any business of the type listed below operating within the city shall pay a regulatory fee, even if such business has paid a business tax in Savannah, Tybee Island or another jurisdiction, and regulatory fees as defined in section 58-154(b) are established for those businesses operating within the corporate limits of the city, according to the following schedules: Alcoholic Beverages For 2022 SIC License Classification Fee 5813 Retail beer/wine - sale by package only; consumption on premises prohibited $730.00 5839 Retail beer/wine - sale by drink for consumption on premises only $760.00 5815 Retail liquor - sale by package only; consumption on premises prohibited $1130.00 5816 Retail liquor - sale by drink for consumption on premises only $1600.00 5818 Retail liquor - sale by package and drink both in one building under one ownership $2,000.00 5881 Wholesale beer $765.00 5183 Wholesale liquor $1,500.00 5182 Wholesale wine $150.00 2080 Distiller, brewer, or manufacturer of alcoholic beverages $300.00 - Page 93 -Item #11. Special event - beer, wine, liquor; special event - beer, wine, liquor (establishments not holding current license) $50.00 per day; $100.00, 3-day Special event - beer, wine, liquor (establishments holding current license) $10.00 per event Sunday sales for package only, in addition to all other regulatory fees and taxes $50.00 Sunday sales – sale by drink for consumption on premises, in addition to all other regulatory fees and taxes $150.00 Alcoholic Beverages For 2023 SIC License Classification Fee 5813 Retail beer/wine - sale by package only; consumption on premises prohibited $1110.00 5839 Retail beer/wine - sale by drink for consumption on premises only $945.00 5815 Retail liquor - sale by package only; consumption on premises prohibited $1410.00 5816 Retail liquor - sale by drink for consumption on premises only $1950.00 5818 Retail liquor - sale by package and drink both in one building under one ownership $2,000.00 5881 Wholesale beer $765.00 5183 Wholesale liquor $1,500.00 5182 Wholesale wine $150.00 2080 Distiller, brewer, or manufacturer of alcoholic beverages $300.00 Special event - beer, wine, liquor; special event - beer, wine, liquor (establishments not holding current license) $50.00 per day; $100.00, 3-day Special event - beer, wine, liquor (establishments holding current license) $10.00 per event Sunday sales for package only, in addition to all other regulatory fees and taxes $50.00 Sunday sales – sale by drink for consumption on premises, in addition to all other regulatory fees and taxes $150.00 Alcoholic Beverages For 2024 SIC License Classification Fee 5813 Retail beer/wine - sale by package only; consumption on premises prohibited $1490.00 5839 Retail beer/wine - sale by drink for consumption on premises only $1130.00 5815 Retail liquor - sale by package only; consumption on premises prohibited $1690.00 5816 Retail liquor - sale by drink for consumption on premises only $2300.00 - Page 94 -Item #11. 5818 Retail liquor - sale by package and drink both in one building under one ownership $2,000.00 5881 Wholesale beer $765.00 5183 Wholesale liquor $1,500.00 5182 Wholesale wine $150.00 2080 Distiller, brewer, or manufacturer of alcoholic beverages $300.00 Special event - beer, wine, liquor; special event - beer, wine, liquor (establishments not holding current license) $50.00 per day; $100.00, 3-day Special event - beer, wine, liquor (establishments holding current license) $10.00 per event Sunday sales for package only, in addition to all other regulatory fees and taxes $50.00 Sunday sales – sale by drink for consumption on premises, in addition to all other regulatory fees and taxes $150.00 Alcoholic Beverages For 2025 SIC License Classification Fee 5813 Retail beer/wine - sale by package only; consumption on premises prohibited $1870.00 5839 Retail beer/wine - sale by drink for consumption on premises only $1315.00 5815 Retail liquor - sale by package only; consumption on premises prohibited $1970.00 5816 Retail liquor - sale by drink for consumption on premises only $2650.00 5818 Retail liquor - sale by package and drink both in one building under one ownership $2,000.00 5881 Wholesale beer $765.00 5183 Wholesale liquor $1,500.00 5182 Wholesale wine $150.00 2080 Distiller, brewer, or manufacturer of alcoholic beverages $300.00 Special event - beer, wine, liquor; special event - beer, wine, liquor (establishments not holding current license) $50.00 per day; $100.00, 3-day Special event - beer, wine, liquor (establishments holding current license) $10.00 per event Sunday sales for package only, in addition to all other regulatory fees and taxes $50.00 Sunday sales – sale by drink for consumption on premises, in addition to all other regulatory fees and taxes $150.00 Alcoholic Beverages For 2026 - Page 95 -Item #11. SIC License Classification Fee 5813 Retail beer/wine - sale by package only; consumption on premises prohibited $2250.00 5839 Retail beer/wine - sale by drink for consumption on premises only $1500.00 5815 Retail liquor - sale by package only; consumption on premises prohibited $2250.00 5816 Retail liquor - sale by drink for consumption on premises only $3000.00 5818 Retail liquor - sale by package and drink both in one building under one ownership $2,000.00 5881 Wholesale beer $765.00 5183 Wholesale liquor $1,500.00 5182 Wholesale wine $150.00 2080 Distiller, brewer, or manufacturer of alcoholic beverages $300.00 Special event - beer, wine, liquor; special event - beer, wine, liquor (establishments not holding current license) $50.00 per day; $100.00, 3-day Special event - beer, wine, liquor (establishments holding current license) $10.00 per event Sunday sales for package only, in addition to all other regulatory fees and taxes $50.00 Sunday sales – sale by drink for consumption on premises, in addition to all other regulatory fees and taxes $150.00 SECTION II The City will review annually the license fees and reserves the right to alter the above fees as necessary. SECTION III All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION IV It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION V This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to The Code of the City of Tybee Island, Georgia. This Ordinance shall become effective on ________ day of________, 2021. - Page 96 -Item #11. X:\Clients\000572\000572\000001 - Ordinances\ORDIN 2021\08.16.21 Amended STVR ordinance - Occupancy Rate.docx ADOPTED THIS ____ DAY OF _________________, 2021. ______________________________ MAYOR ATTEST: _______________________________ CLERK OF COUNCIL FIRST READING: ________ SECOND READING: ________ ENACTED: ________ - Page 97 -Item #11. File Attachments for Item: 12. Resolution: Assistant/Acting City Attorney Tracy O'Connell - Page 98 -Item #12. P.O. Box 2749 – 403 Butler Avenue, Tybee Island, Georgia 31328-2749 (866) 786-4573 – FAX (866) 786-5737 www.cityoftybee.org CITY OF TYBEE ISLAND RESOLUTION 2021-07 WHEREAS, Edward Hughes has been and is City Attorney; and WHEREAS, at times Mr. Hughes will be traveling for business or pleasure and may be unavailable; and WHEREAS, documents and contracts may need to be signed to indicate approval or review by the City Attorney; and WHEREAS, Mr. Hughes request Mayor and Council to appoint Tracey O’Connell to act as Assistant and/or Acting City Attorney in his absence; NOW, THEREFORE BE IT RESOLVED that I Shirley Sessions and members of the Tybee Island City Council, hereby appoint Tracey O’Connell as Acting City Attorney in Mr. Hughes absence. IN WITNESS WHEREOF, I hereby set my hand and cause the seal of the City of Tybee Island be affixed this 9th day of September 2021. __________________________ Shirley Sessions, Mayor City of Tybee Island - Page 99 -Item #12. File Attachments for Item: 13. Bubba Hughes: Goodwyn, Mills and Cawood (GMC), Inc. Assignment of Existing Contracts - Page 100 -Item #13. - Page 101 -Item #13. - Page 102 -Item #13. - Page 103 -Item #13. - Page 104 -Item #13. - Page 105 -Item #13. - Page 106 -Item #13. - Page 107 -Item #13. - Page 108 -Item #13. - Page 109 -Item #13. - Page 110 -Item #13. - Page 111 -Item #13. - Page 112 -Item #13. - Page 113 -Item #13. - Page 114 -Item #13. - Page 115 -Item #13. - Page 116 -Item #13. - Page 117 -Item #13. - Page 118 -Item #13. - Page 119 -Item #13. File Attachments for Item: 14. PLANNING COMMISSION MINUTES 8/16/2021 - Page 120 -Item #14. PLANNING COMMISSION CITY MANAGER Demery Bishop Shawn Gillen Ron Bossick Marie Gooding Susan Hill COMMUNITY DEVELOPMENT DIRECTOR Elaine T. McGruder George Shaw David McNaughton J. Whitley Reynolds CITY ATTORNEY CITY ATTORNEY CITY ATTORNEY Edward M. Hughes Planning Commission Meeting MINUTES August 16, 2021 Chair Demery Bishop called the August 16, 2021 Tybee Island Planning Commission meeting to order. Commissioners present were Marie Gooding, Susan Hill, Elaine T. McGruder, David McNaughton and J. Whitley Reynolds. Vice Chair Ron Bossick was absent. Chair Bishop asked Mr. Shaw about the minutes provided by the Clerk of Council at the City Council August 9th meeting, on the Tree Ordinance what the amended sections they removed meant. Mr. Shaw stated they removed the section for City personnel to oversee the removal. Chair Bishop also asked what the reason was for the denial on the Crossover at 708 Butler Avenue. Mr. Shaw stated one reason was it was to serve only one lot and two, that it was not as good for the dunes as just walking through the dunes. Chair Bishop stated so they would rather them walk through the dunes and it not be in violation with our 1,000.00 fine for being in the dunes. Mr. Shaw stated yes as long as they use the same path. Consideration of Minutes: Chair Bishop asked for consideration of the July 19, 2021 meeting minutes. Elaine McGruder made a motion to approve. Whitley Reynolds seconded. The vote to approve was unanimous. Disclosures/Recusals: Chair Bishop asked if there were any Disclosures or Recusals. There were none. Old Business: TEXT AMENDMENT: amendment to Sec. 3-250 Private Parking lots -Charles R. Cole. George Shaw stated item was on the July 19, 2021 Planning Commission meeting and was continued do to the absence of Ron Bossick and yourself. This is a request for text amendment by a resident who owns an empty lot adjacent to a City parking lot. This amendment would allow Mr. Cole to apply at the beginning of the year like the other parking lots assuming this amendment passes. Mr. Shaw stated he was asked at the last meeting if there were any other lots that met these criteria, and he found three that are adjacent to City parking. Chair Bishop asked why this couldn’t be added in with the others instead of a text change. Mr. Shaw stated the ordinance was capped for the other lots so this is why it would need to be changed for him to be added. Elaine McGruder stated she would like to see setback requirements the same as building homes for parking lots also. Mr. Shaw stated we don’t currently have any setbacks for ground level improvements only vertical, but that can be changed. Charlie Cole who lives at 17 Meddin Dr. approached the Planning Commission and stated he would just like to get permission to help with overflow parking. Elaine McGruder asked Charlie Cole if he would be able to do setbacks like we have - Page 121 -Item #14. for building houses on his parking area. Charlie Cole stated it would not be a problem, but I don’t see why it would be necessary for a temporary arrangement. Elaine McGruder asked are there any restrictions on these parking lots just coming in and paving over their lot. Mr. Shaw stated besides the expense and our requirement for a drainage plan, this does not restrict that and for 20 days out of the year I don’t know if anyone would go to that expense. Whitley Reynolds made a motion to approve. Susan Hill seconded. The vote to approve was unanimous. New Business: VARIANCE: Requesting to build in front setback – 12 Tenth Place -40003 17003 – R-2 – Jeffrey Kole. George Shaw stated Mr. Kole’s home has an area in the front that is already encroaching with a small area beside it that he would like to extend into. Mr. Shaw stated he sees no hardship so staff recommends denial. Josh Yelin who is the representative for the applicants approached the Planning Commission and stated he has a hand out to give everyone. He stated there are a few homes on that street that are also encroaching. There is a section in the ordinance Sec. 320 B (1) that states (a non-conforming residential use structure which is only non-conforming as a result of a setback encroachment may be expanded or enlarged beyond its ground footprint without a variance as long as no further encroachments into any setbacks are to be created and so long as all provisions of the ordinance are complied with) Josh Yellin also stated he feels they do meet the criteria for this Variance under Sec. 5-90 he said the legal non- conforming use is peculiar and does pose a hardship because these physical circumstances and conditions prevent development conformity with provisions of this land development code. We do believe this variance should be approved. Elaine McGruder stated this is already encroaching and you want to add eight feet more. Susan Hill stated she thinks there is good argument for you to be able to do this since the rest of the street front porches are also encroaching but not sure because of what our code says. David McNaughton asked why you are wanting to expand. Leanne Kole who is the owner of the property approached the planning commission and stated they have three kids and just need more room. Whitley Reynolds made a motion to approve. Marie Gooding seconded. Voting in favor were Marie Gooding, Whitley Reynolds and Susan Hill. Voting against were David McNaughton and Elaine Gooding. Vote was 3-2 Motion to approve passed. TEXT AMENDMENT: Sec.11-100. –Meetings (A) change time and location for Planning Commission meetings. George Shaw stated within the last year or so City Council moved their time from 7:00pm to 6:30pm. After talking about that with Planning Commission members they were in favor of changing the time also. George Shaw also stated when he looked over the ordinance he realized that the location needed to be changed also. So this is the text amendment with the change in the location and the time from 7:00pm to 6:30pm. Elaine McGruder made a motion to approve. David McNaughton seconded. The vote to approve was unanimous. Adjournment: 8:00pm Lisa L. Schaaf - Page 122 -Item #14.